RFP.04082025MC.pdf

Request for Proposal for Clean Room Compliance and Certification Services

RFP #04082025MC

Issued: 05/19/2025

University of Utah Contact:

Samantha Israelsen, Senior Buyer University of Utah Health Purchasing Dept.

127 S 500 E., Suite 140 Salt Lake City, UT 84112-9351

Tel.(801) 587-6644 Fax (801) 587-6555 E-Mail: samantha.israelsen@hsc.utah.edu

Questions regarding this RFP should be submitted via BidNet Direct:

www.bidnetdirect.com//universityofutah-health Solicitation #04082025MC mailto:samantha.israelsen@hsc.utah.edu http://www.bidnetdirect.com/universityofutah-health

Request for Proposal for Clean Room Compliance and Certification Services

TABLE OF CONTENTS

SECTION 1 - PURPOSE OF RFP

1.01 Purpose of RFP

1.02 Background

1.03 Definitions

SECTION 2 – RFP DETAILS

2.01 Issuing Office and RFP Reference #

2.02 Important Dates

2.03 Pre-Proposal Conference

2.04 Inquiries

2.05 RFP Submission Due Date

2.06 Time for Evaluation

2.07 Multiple Stage Process

2.08 Oral Presentation

2.09 Best and Final Offer

2.10 Award of the Contract

2.11 Contract Period and Effective Date

2.12 Costs and Fees

SECTION 3 – SCOPE OF WORK

3.01 Scope of Works

3.02 Background Checks

3.03 Scheduling of Services

SECTION 4 – PROPOSAL

REQUIREMENTS

4.01 Mandatory Requirements

4.02 Ability to meet Scope of Work

4.03 Experience & Qualifications

4.04 Customer Service & Technical Support

4.05 Cost Proposal

SECTION 5 – PROPOSAL RESPONSE

FORMAT

5.01 Administrative Guidance

5.02 Technical Response Format

5.03 Cost Proposal Response Format

SECTION 6 - PROPOSAL EVALUATION

6.01 Evaluation Criteria

6.02 Evaluation Process

SECTION 7 – GENERAL PROVISIONS

7.01 Protected Information

7.02 Incurring Costs

7.03 Addendum to RFP

7.04 Other Communications

7.05 Alternative Proposals

7.06 Authorized Vendor Representatives

7.07 Award of Subcontracts

7.08 Assignment

7.09 Remedies

7.10 Compliance

7.11 Cancellation

7.12 Acceptance of Services Rendered

7.13 Anti-Collusion

7.14 Indemnification

7.15 Restrictions

7.16 Right to Reject

7.17 Record Keeping and Audit Rights

7.18 Management Reports

7.19 Further Agreements

7.20 Relationship of the Parties

7.21 Equal Opportunity

7.22 Taxes – Vendor’s Responsibility

7.23 Taxes - University is Exempt

7.24 Tax Liens

7.25 Health Insurance Portability and Accountability

7.26 Debarment Clause

7.27 Status Verification System

7.28 Federal Exclusion

7.29 Insurance

7.30 Background Checks

7.31 Drug- Alcohol- Tobacco-Free Campus

ATTACHMENTS

Attachment A - Cost Proposal Form Appendix B, University of Utah Terms & Conditions of Purchase

Note: Vendors must respond to all sections of this RFP, including sections 1 through 7.

When a section does not request specific information and you agree to what it contains, you may use language such as “Sections 1.01 through 1.03, Understood and Agreed” in your response. Also, changes to State of Utah law requires that pricing be submitted separately from the technical proposal. Refer to Section 5 for instructions on how to compile your response.

SECTION 1 - PURPOSE OF RFP

1.01 Purpose of RFP. The purpose of this Request for Proposals (RFP) is to solicit proposals to enter into a contract with a qualified Vendor to obtain clean room certification services at all University of Utah Pharmacy sites with clean room compounding facilities for University of Utah Health, hereafter referred to as the "University." These sites include: University of Utah Main Hospital, Huntsman Cancer Hospital, Moran Eye Center, University of Utah Orthopedic Hospital, Farmington Health Center, South Jordan Health Center, Sugarhouse Health Center, and University of Utah Home Infusion. Services may be expanded to future facilities not yet established. The companies submitting proposals in response to this RFP will hereafter be referred to as “Vendor.” The University is examining several alternatives of providing this service and may decide, after reviewing proposals submitted, not to enter into any agreement.

1.02 Background. The University is required to have clean rooms compliant with USP

<797> and USP <800> standards for sterile and hazardous drug compounding and in alignment with applicable state standards as enforced by the Utah Board of Pharmacy. All clean rooms must be certified as compliant by an outside Vendor.

Certification will need to occur prior to compounding in a clean room that has not been operational for a given period of time.

1.03 Definitions.

1.03.1 UUH – University of Utah Health

1.03.2 USP – United States Pharmacopeia

1.03.3 HEPA – High Efficiency Particulate Air

1.03.4 FACIS – Fraud and Abuse Control Information System

1.03.5 CETA – Controlled Environment Testing Association

1.03.6 CNBT – CETA National Board of Testing

SECTION 2 – RFP DETAILS

2.01 Issuing office and RFP Reference Number. The Purchasing Department of

University of Utah Health (“Purchasing Department”) is the issuing office for this RFP and all subsequent addenda relating to it. The reference number for the transaction is 04082025MC. This number must be referenced on all proposals, correspondence, and documentation relating to the RFP.

2.02 Important Dates. The following dates are significant for this RFP:

RFP Dated and Issued 05/19/2025 RFP Inquiry Questions Due 05/23/2025 Proposal Due 05/30/2025

2.03 Pre-Proposal Conference. A pre-proposal conference will not be held for this RFP.

2.04 Inquiries. Questions arising subsequent to the issuance of this RFP, that could have a significant impact on the responses to the RFP, should be submitted in the RFP Question and Answer section for Solicitation #04082025MC on BidNet Direct. All such questions should be received by 10:00 a.m. current Mountain Time on Wednesday, May 23rd. Responses to questions will be posted on BidNet Direct.

2.05 Submission Due Date. Submit your proposal electronically through BidNet

Direct by 2:00 p.m. current Mountain Time on Wednesday, May 30th. Proposals submitted electronically through the BidNet Direct may require uploading of electronic attachments. BidNet Direct will accept a wide variety of document types as Word, Excel, and PDF attachments but not all. You MAY NOT submit documents that are embedded (zip files), movies, wmp and mp3 files or password protected files, etc. Such actions may cause your proposal(s) to be deemed as “Non-responsive”. All cost documents must be attached as separate files.

When submitting an offer electronically through BidNet Direct please allow sufficient time to complete the online forms and upload documents. The solicitation will end at the closing time listed in the solicitation. If you are in the middle of uploading your documents at the closing time, the system will stop the process and your offer will not be received by the system. It is recommended that the submission process be completed the day prior to the due date, with the knowledge that any changes/updates will be accepted through the due date and time. Late submissions will not be accepted under any circumstances (including but not limited to: Technical Difficulties, Late Delivery of hard copies, etc.).

BidNet Direct customer support may be contacted at (800) 835-4603, option 2 or support@bidnet.com for guidance on the BidNet Direct site.

Vendors are responsible for ensuring that their BidNet Direct registration information is current and correct. Stakeholders shall not be responsible for missing or incorrect information contained in the Vendor registration on BidNet Direct. Incorrect or missing Vendor registration information may result in failure to receive notification from BidNet Direct regarding this procurement.

Proposals received after this deadline will be late and ineligible for consideration.

Following the deadline, the names of those responding to the RFP will be made public.

mailto:support@bidnet.com

2.06 Time for Evaluation. All proposals shall remain valid for a minimum of 120 calendar days after the Proposal Due Date to allow adequate time for evaluation.

2.07 Multiple Stage Process. The University reserves the right to conduct the RFP in a multiple stage process and narrow the number of Vendors that will move on to a subsequent stages.

2.08 Oral Presentation. The University may award a contract based on initial proposals received without discussion of such proposals with Vendors. However, the University may require oral presentations from up to the two (2) highest scored proposals to supplement their written proposal. These presentations may be scheduled, if required, by the Purchasing Department after proposals are received and prior to the award of the Contract. After the oral presentations and/or product demonstrations are complete, the committee shall be allowed to re-score the technical criteria as needed to reflect the information provided in the presentations or demonstrations. The University reserves the right to reschedule or cancel oral presentations at any time at no cost to the University.

2.09 Best and Final Offer. Best and Final Offer (BAFO) may be requested as part of this process from responsive and responsible proposals received.

2.10 Award of the Contract. Upon completion of the evaluation process, the University may award the contract (“Contract”) to the highest scoring responsive and responsible supplier.

The award of the resulting contract will be used by the University of Utah’s

University of Utah Health. Under the same terms and conditions, the University of Utah reserves the right to allow any University business unit(s) and department(s) to make full use of the agreement including pricing structure provided in this request.

Upon successful completion and award of this RFP as described above, the

University will post notice of an Intent to Award. The awarded contract will be based upon completion of mutually agreed upon terms and conditions.

The University of Utah Health Purchasing Department is the only entity authorized to award a Contract for the proposed purchases.

2.11 Contract Period and Effective Date. The anticipated Contract term will be for a period of five (5) years.

The anticipated effective date of the Contract is 06/15/2025.

2.12 Costs and Fees. Cost must be firm and considered as “All-inclusive” to include all services and requirements for the full term of the contract. Costs are to be broken down using Attachment “A” – Cost Proposal Form.

SECTION 3 – SCOPE OF WORK

3.01 Scope of Works. The University of Utah Purchasing Department on behalf of

University of Utah Pharmacy Services is looking for qualified Vendors to assist with the certification of clean rooms according to USP <797> and USP <800> standards and in alignment with applicable state standards as enforced by the Utah Board of Pharmacy. UUH has clean rooms located at several hospitals and outpatient health centers throughout the Salt Lake valley. Clean room locations include University of Utah Main Hospital, Huntsman Cancer Hospital, Moran Eye Center, University of Utah Orthopedic Hospital, Farmington Health Center, South Jordan Health Center, Sugarhouse Health Center and University of Utah Home Infusion. Additionally, as new facilities are constructed or acquired, services will be needed as these facilities come on board. The scope of work for the awarded Vendors shall be as stated in this document.

Awarded bidder shall:

• Complete the following actions as related to certification of USP <797> and USP <800> compliant clean rooms and in alignment with applicable state standards as enforced by the Utah Board of Pharmacy:

o Clean room pressure balancing o Monitor and adjust air exchanges in pharmacy clean rooms o Non-viable particle sampling for clean rooms, laminar flow hoods, and biological safety cabinets o Airflow testing for laminar flow hoods and biological safety cabinets o HEPA filter monitoring and replacement for laminar flow hoods and biological safety cabinets o Monitor and adjust exhaust in negative pressure compounding areas o Viable particle sampling at request o Maintain schedule for clean room certification and recertification needs o Send notice of the need for recertification services in advance of certification expiration

• Provide the following consulting services as needed:

o Compliance needs during planning for new construction and renovations o Clean room workflow needs o On-call services for unexpected recertification needs after an unforeseen event, such as flooding in the clean room or power outage

• Maintain proper competency and certification as consultant qualified to certify pharmacy clean rooms compliant and USP <797> and USP <800>.

• Upon request, the awarded Vendor would need to provide documentation that the Vendor owned equipment is properly calibrated and appropriate to use in University of Utah Health’s locations and environment. This is required for University of Utah Health’s DNV certification requirements.

3.02 Background Checks. Vendor is responsible for ensuring that any employee hired by the Vendor to do work at any UUH location has passed through a FACIS Level 3 criminal background check and recent drug screening. Please see Section 7.30 for further information.

3.03 Scheduling of Services. UUH will require routine testing services for each facility, which includes primary and secondary engineering controls, every six months. Ad hoc testing may be required outside of the regularly scheduled six-month interval.

The Vendor will schedule these site visits and reach out to each facility to confirm dates in the month preceding recertification.

SECTION 4 –PROPOSAL REQUIREMENTS

4.01 Mandatory Requirements. Please submit a copy of your Controlled Environment Testing Association (CETA) membership and CETA National Board of Testing (CNTB) certification. Vendors who do not submit a valid, current copy of this membership and certification will be deemed “Non-responsive” and shall not advance further in this request. Requirements set forth in this section are mandatory and indicate the minimal mandatory requirements that must be addressed by the Vendor.

4.01.1 By responding to this solicitation, Vendors are certifying that neither they nor their principals are presently debarred, suspended, proposed for debarment or ineligible for contracting by a governmental entity. Vendor is also agreeing to notify the University within 30 days if suspended, debarred, or declared ineligible for contracting with a government entity. Additionally, Registration in SAM.GOV is required when federal funding sources are being used for payment of services.

Vendors must provide a copy of your active registration, including unique entity ID, confirming you have no exclusions. https://sam.gov/content/home

4.02 Ability to meet Scope of Work. Please describe in detail your company’s ability to meet the scope of work outlined in section 3.01 of this RFP.

4.03 Experience and Qualifications. The University requires the dealership, manufacturer(s) and its subcontractors to have prior relevant or comparable experience in all aspects of the products and services described in this RFP for customers similar to or with relevance in the size, complexity, and scope of this RFP.

Vendor shall describe experience as it pertains to providing products and services similar in size, complexity and scope to those required under this RFP and in the manner required pursuant to this RFP.

The University reserves the right to take steps as it deems necessary to determine the qualifications and ability of any company to perform the terms of the proposed contract.

4.04 Customer Service and Technical Support. The Vendor shall describe the level of customer service and technical support that will be provided, including procedures that will ensure consistency, problem escalation and resolution. The description should include, but is not limited to:

• Customer service organizational structure

• Contact process (phone, email, fax, etc)

• Follow-up process

• Process to handle emergency situations

• Expected turnaround time from initial contact to resolution, including on-site repair, for supported services

• Internal procedures to track customer service contact and resolution

• Escalation process to resolve outstanding customer service issues

• Describe your training and support before, during, and after implementation

• Describe the maintenance support plan including recommended preventative maintenance for the automation

• Define the help desk hours of operation

• Describe your support plan if UUH clinic pharmacies need assistance after 5:00 PM

Mountain Time or anytime on weekends or holidays

• Describe the preventative maintenance schedule and flexibility in accommodating operational needs (after hours)

• Identify any subcontractors used for maintenance or any services in Salt Lake City area if applicable

• Describe the maintenance and services for hardware and software

• Identify any subcontractors if they are separated from automation maintenance

• Describe the process of canister recalibration

• Describe instillation and implementation processes, this is to include but is not limited to removal of existing units, potential credits for removed units, and required downtime for instillation

• Describe any routine downtimes, including length and frequency, which will be required for maintenance of equipment

• Describe the standard procedure for supporting UUH clinic pharmacies during unplanned downtime and other operational issues

4.05 Cost Proposal. Suppliers must provide *all-inclusive fees using Attachment “A”-

Cost Proposal Form. Do not alter information in Attachment “A”. Do not add and/or remove services listed in Attachment “A”. No pricing information may be included in the technical portion of your proposal. The supplier must submit a separate cost proposal allowing costs to be evaluated independently of other criteria in the proposal. Inclusion of any cost or pricing data within the technical proposal may result in your proposal being judged as non-responsive. See Section 5.03 for further details.

*All-Inclusive to include: Custom handling fees, freight fees, travel etc.….

SECTION 5 – PROPOSAL RESPONSE FORMAT

For Cost Proposal submission see section 5.03

5.01 Administrative Guidance. The information provided herein is intended to assist

Vendors in the preparation of proposals necessary to properly respond to this RFP.

The RFP is designed to provide interested Vendors with sufficient basic information to submit proposals meeting minimum requirements, but is not intended to limit a proposal's content or to exclude any relevant or essential data therefrom. Vendors are at liberty and are encouraged to expand upon the specifications to give additional evidence of their ability to provide the services requested in this RFP.

5.02 Technical Proposal Response Format. Proposals should be concise and in outline format. Pertinent supplemental information should be referenced and included as attachments. All proposals should be organized and tabbed to comply with the following sections:

Tab A LETTER OF TRANSMITTAL (COVER LETTER). The letter of transmittal should include an introduction of the Vendor's company, as well as contact information for those persons who are authorized to represent the company in dealing with this RFP. Proposal Contact: List the name, title, office address, telephone number, fax number and e-mail address of the person(s) authorized to represent the Vendor regarding the proposal(s) submitted in response to this RFP. Also include any addendum acknowledgement by addenda number that may be issued to this RFP. Contract Contact: Give the name, title, office address, telephone number, fax number and e-mail address of the person authorized to sign a Contract, and receive and sign all formal notices and/or addendum regarding such Contract. Note that all amendments to any Contract must be in writing and signed by both parties.

Any other information not appropriately contained in the proposal itself should also be included in the letter.

Tab B EXECUTIVE SUMMARY. An executive summary will briefly describe the

Vendor's approach and clearly indicate any options or alternatives being proposed. If options or alternatives are proposed as exceptions to the RFP, the offeror should include an explanation for each option or alternative. It should also indicate any major requirements that cannot be met by the Vendor.

Tab C DETAILED DISCUSSION. This section should constitute the major portion of the proposal and must contain a specific response in outline form to each section in this RFP. Outline numbers should correspond, in order, to the section numbers contained in this RFP. Specific emphasis should be placed on responding to the information requested in Sections 3 and 4 but all sections and items should be fully addressed. A narrative regarding options or alternatives with complete details including how those meet or exceed the RFP requirements should be included in the relevant section.

Failure to provide written response to items indicated in this RFP will be interpreted by the University as an inability by the Vendor to provide the requested product, service or function and may be deemed as “Non-responsive”.

Tab D SUSTAINABILITY. UUH is committed to implementing sustainable approaches to care that meet the health needs of people today and future generations by providing compassionate care in the most environmentally sound ways possible. We committed to achieving carbon neutrality by 2040 and have pledged our commitment by signing on to the Presidents’ Climate Leadership Commitment and the U.S. Department of Health and Human Services Health Sector Climate Pledge. For more information on our sustainability commitments, please visit https://uofuhealth.utah.edu/sustainability.

1. Please describe your company’s sustainability statement or policy.

2. Please describe your organization’s carbon reduction or neutrality goals.

3. Please describe any other sustainability initiatives that your organization currently supports and/or ongoing efforts in support of sustainability initiatives.

Tab E Miscellaneous additional information and attachments, if any may be submitted by the Vendor.

5.03 Cost Proposal Response Format. No pricing information may be included in the technical portion of your proposal. The Vendor must submit a separate cost proposal allowing costs to be evaluated independently of other criteria in the proposal.

Inclusion of any cost or pricing data within the technical proposal may result in your proposal being deemed as non-responsive.

The Cost Proposal must be attached as a separate document and identified as “Cost Proposal” with your company name on BidNet Direct if your submission is electronic. The following formula shall be used to determine the cost score: Weight Rating Points*((2-(proposed fee/lowest proposed fee)))

The Cost Proposal Form Attachment “A” included in this RFP must be completed and submitted in order for your proposal to be considered.

SECTION 6 - PROPOSAL EVALUATION

6.01 Proposal Evaluation Criteria. The criteria to be used to evaluate proposals, listed with their relative weight in points, are as follows:

No Criteria Description Points 1 Ability to Meet Scope of Work 25 2 Experience and Qualifications 25 3 Customer Service and Technical Support 30 4 Cost Proposal 20 Total: 100

NOTE: In addition to addressing the specific criteria listed, each Vendor should provide a detailed response to each requirement in this RFP as indicated in Section 5.02, Proposal Response Format, and Section 5.03, Cost Proposal.

6.02 Evaluation Process. All proposals in response to this RFP will be evaluated as follows:

1. Upon receipt, all proposals will be reviewed to determine their responsiveness to the requirements of the RFP before they are advanced to receive further consideration. Non-responsive proposals (those not conforming to minimum RFP requirements) shall be eliminated from future consideration. Each Vendor bears sole responsibility for the items included or not included in the response submitted by that Vendor. The University reserves the right to disqualify any proposal that includes significant deviations or exceptions to the terms, conditions and/or specifications in this RFP.

2. After the review for responsiveness, remaining responsive proposals will be reviewed and evaluated by the evaluation committee based upon the quality of information received and the information that supports the respondent’s ability to meet or exceed the technical requirements stated in the RFP and is subject to all advancement criteria or multi-stage process stated. At the conclusion of the evaluation the Purchasing department will evaluate the Cost Proposals according to the formula, published on the Cost Proposal Form and in accordance with the Utah Procurement Code. Cost scoring shall be based on the lowest responsive and responsible price offered that meets or exceeds all minimum requirements listed in this RFP. The points allocated to each cost proposal will be added to the corresponding proposal’s total technical score.

3. Oral or product demonstrations may be required as is listed in section 2.08. Or the University may choose to make an award directly from the responses received. The University will be the sole judge as to the overall acceptability of any proposal or to judge the individual merits of specific provisions within competing offers.

4. Upon request, a Best and Final Offer (BAFO) may be requested as part of this process from responsive and responsible proposals received.

SECTION 7 - GENERAL PROVISIONS

7.01 Protected Information. Under the Government Records Access and Management Act, Utah Code §§ 63G-2-101 to -901, as amended ("GRAMA"), certain information submitted in the proposal(s) may be open for public inspection or disclosure.

Pursuant to Section 63G-2-309 of GRAMA, any confidential information provided to the University Which Vendor believes should be protected from inspection or disclosure must be accompanied by a written claim of confidentiality and a concise statement of reasons supporting such claim. A copy of the University’s standard business confidentiality claim form may be found at (http://fbs.admin.utah.edu/download/purchasing/Business_Confidentiality_Claim_For m.pdf ). Non-specific statements of confidentiality (e.g., marking a document confidential or proprietary in a cover letter, header, footer or watermark) are insufficient to claim confidentiality under GRAMA. All material contained in and/or submitted with the proposal becomes the property of the University and may be returned only at the University's option.

7.02 Incurring Costs. The University will not be liable for any cost which Vendors may incur in connection with the preparation or presentation of their proposal(s).

Proposals should be concise, straightforward and prepared simply and economically.

Expensive displays, bindings or promotional materials are neither desired nor required. However, these instructions are not intended to limit a proposal's content or exclude any relevant or essential data therefrom.

7.03 Addendum to RFP. In the event the University deems it necessary to revise this RFP in whole or in part, an addendum will be provided to relevant vendors.

7.04 Other Communications. During the RFP process (from the date of issue through the date of contract award or other final decision) the Purchasing Department is the sole source of official information regarding this RFP. All other communications, both spoken and written, which are received by any representative of the Vendor from other sources (such as employees in the using department) should be confirmed by the Vendor with the buyer in the Purchasing Department assigned to this RFP as being true and accurate prior to incorporating such information into their response.

This refers to both formal and informal conversations and communications.

Significant changes to the RFP will always be issued as a formal, written addendum.

7.05 Alternative Proposals. A Vendor may submit more than one proposal, each of which must follow the Proposal Response Format (section 5 herein) and satisfy the requirements of this RFP. The Vendor's primary proposal must be complete and comply with all instructions. The alternative proposals may be in abbreviated form http://fbs.admin.utah.edu/download/purchasing/Business_Confidentiality_Claim_Form.pdf http://fbs.admin.utah.edu/download/purchasing/Business_Confidentiality_Claim_Form.pdf following the Proposal Response Outline but providing complete information only for sections which differ in any way from those contained in the prime proposal. If alternative proposals are submitted, the Vendor must explain the reasons for the alternative(s) and its comparative benefits. Each proposal submitted will be evaluated on its own merits.

7.06 Authorized Vendor Representatives. The University reserves the right to require a change in the individual assigned to represent the Vendor if the assigned representative is not serving the needs of the University in an acceptable manner. This right shall carry forward through the response period and, with the successful Vendor, during the term of the Contract.

7.07 Award of Subcontracts. For each subcontract, if any, which the Vendor proposes to award, the Vendor shall specify in writing the proposed subcontractor's name and address, and the purpose of each subcontract. Any Vendor proposing subcontracts as a part of a proposal must explicitly state so in the proposal. Written approval by the Purchasing Department is required prior to the awarding of any subcontracts. Any Subcontractor shall be required to provide evidence to the University of the Same Insurance Provisions and coverages as described in section 7.29 of this RFP.

7.08 Assignment. Vendor shall not assign or subcontract any portion of its obligations under the Contract without the prior written consent of the University Purchasing Department. Assignment or subcontracting shall in no way relieve the Vendor of any of its obligations under this Contract.

7.09 Remedies. The laws of the State of Utah shall apply in all disputes arising out of this

RFP, without application of any principles of choice of laws.

7.10 Compliance. The Vendor hereby agrees to abide with all applicable federal, state, county and city laws and regulations and to be responsible for obtaining and/or possessing any and all permits and licenses that may be required.

7.11 Cancellation. Inadequate delivery, unsatisfactory service or failure to adhere to the

Contract covenants may result in cancellation of the Contract. The Vendor shall be responsible for reimbursing the University for expenses incurred as a result of unacceptable service. In the event that either party determines that a material breach has occurred that would be cause for cancellation of the Contract, the party wishing to cancel shall notify the other party of the alleged breach in writing, and allow the other party thirty (30) days in which to cure the alleged breach. If the alleged breach is not cured or substantial steps to cure the alleged breach are not taken within this period, the non-defaulting party may cancel the Contract at the end of said thirty (30) day period.

7.12 Acceptance of Services Rendered. The University, through its designated agents and representatives, will be the sole determining judge of whether services rendered under the Contract satisfy the requirements as identified in the Contract.

7.13 Anti-Collusion. The submission of a proposal constitutes agreement that the Vendor has not divulged its proposal to, or colluded with, any other offeror or party to a proposal whatsoever.

7.14 Indemnification. The Vendor shall hold harmless, defend and indemnify the

University of Utah and its officers, employees, and agents from and against any and all claims, losses, causes of action, judgments, damages and expenses including, but not limited to attorney's fees because of bodily injury, sickness, disease or death, or injury to or destruction of tangible property or any other injury or damage resulting from or arising out of (a) performance or breach of this contract by Vendor, or (b) Vendor’s use of University premises, or (c) any act, error, or omission on the part of the Vendor, or its agents, employees, invitees, participants, or subcontractors except where such claims, losses, causes of action, judgments, damages and expenses result solely from the negligent acts or omissions or willful misconduct of the University of Utah, its officers, employees or agents.

7.15 Restrictions. All proposals must clearly set forth any restrictions or provisions deemed necessary by the Vendor to effectively service the proposed Contract.

7.16 Right to Reject. The University reserves the right to reject any or all proposals and to waive any informality or technicality in any proposal in the interest of the University.

7.17 Record Keeping and Audit Rights. Any Vendor providing goods or services under any Contract shall maintain accurate accounting records for all goods and services provided thereunder, and shall retain all such records for a period of at least seven (7) years following termination of the Contract. Upon reasonable notice and during normal business hours the University, or any of its duly authorized representatives, shall have access to and the right to audit any records or other documents pertaining to the Contract. The University’s audit rights shall extend throughout the term of the Contract and for a period of at least seven (7) years thereafter.

7.18 Management Reports. Upon request the Vendor must be able to summarize and concisely report pertinent information to the University in a timely manner, throughout the duration of any Contract resulting from this RFP.

7.19 Further Agreements. In addition to a proposal, the University may from time to time require a Vendor to execute certain additional documents or agreements, including without limitation a Contract, for the purpose of clarifying the intention of the parties with respect to providing the goods or services hereunder.

7.20 Relationship of the Parties. In assuming and performing the obligations of any

Contract, the University and any Vendor shall each be acting as independent parties and neither shall be considered or represent itself as a joint venturer, partner or employee of the other. Vendor affirms that the Vendor or any employee in their organization does not have a conflict of interest or potential conflict of interest with the University of Utah.

7.21 Equal Opportunity. No Vendor of goods and/or services under this RFP or any

Contract shall discriminate against any employee, applicant for employment, or recipient of services on the basis of veteran status, race, religion, color, sex, sexual orientation, age, disability, or national origin.

7.22 Taxes – Vendor’s Responsibility. Vendors shall be responsible for and pay all taxes which may be levied or incurred against the Vendor in connection with the performance of any services under a Contract, including taxes levied or incurred against Vendor’s income, inventory, property, sales, or other taxes.

7.23 Taxes - University is Exempt. The University is exempt from State of Utah sales and excise taxes (State of Utah Sales Tax Exemption number: 11874443-002-STC).

Exemption certification information appears on all purchase orders issued by the University and such taxes will not apply to the University unless otherwise noted.

7.24 Tax Liens. By submitting a proposal, the Vendor certifies that neither it nor its principals are presently subject to an outstanding tax lien in the State of Utah. If the Vendor cannot certify this statement, the Vendor will submit to the University a written explanation for the review of the University. If the Vendor is subject to any outstanding tax lien in the State of Utah, the University may reject the Vendor’s quote, bid, offer, or proposal in response to the request pursuant to UCA 63G-6a-905.

7.25 Health Insurance Portability and Accountability Act (HIPAA). The University of

Utah Health Sciences Center is subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). This transaction may fall under the jurisdiction of HIPAA and Vendor must comply with applicable state and federal HIPAA laws.

If you have any questions, please contact the HIPAA Regulatory Office at 801-587- 9241.

7.26 Debarment Clause. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract), by any governmental department or agency. If Vendor cannot certify this statement, attach a written explanation for review by the University. Vendor must notify the Director of Purchasing within 30 days if debarred by any governmental entity during the Contract period.

7.27 Status Verification System. If a Contract is awarded through this RFP for the physical performance of services within the State of Utah, Vendor or Vendor's agent, contractor, subcontractor or service provider is required to register and participate in the Status Verification System (E-verify) to verify the work eligibility status of Vendor's or Vendor's agent's, contractor's, subcontractor's or service provider's employees hired on or after July 1, 2009 and employed in the State of Utah, in accordance with UCA Section 63G-12-302.

7.28 Federal Exclusion. Vendor warrants and represents that Vendor, its officers, directors, and any employees or subcontractors providing goods or services under this Contract

(i) are not currently excluded, debarred, or otherwise ineligible to participate in federal health care programs as defined in 42 U.S.C. § 1320a-7b(f) or to provide goods to or perform services on behalf of the federal government as either a contractor or subcontractor. This shall be an ongoing representation and warranty during the term of this Contract and Vendor shall immediately notify University of any change in the status of the representation and warranty. University may immediately terminate this Contract for cause in the event of a breach of this section or as a result of any material change in status of the representation and warranty.

Notwithstanding any other provision in this Contract, Vendor shall defend and indemnify University and its officers, employees, and agents in connection with any and all claims, losses, causes of action, judgments, fines, damages, or other similar expenses, including reasonable attorney fees, resulting from a breach of this section.

7.29 Insurance. Vendor shall maintain Commercial General Liability insurance with per occurrence limits of at least $1,000,000 and general aggregate limits of at least $2,000,000. Vendor shall also maintain, if applicable to Vendor’s operations or performance of this contract, Cyber Liability, Professional Liability, Liquor Liability, Aircraft Liability and/or Business Automobile Liability insurance covering Vendor’s owned, non-owned, and hired motor vehicles with liability limits of at least $1,000,000 per occurrence. Such insurance policies shall be endorsed to be primary and not contributing to any other insurance maintained by the University.

If applicable, Vendor shall maintain and provide evidence of an employee dishonesty

(fidelity) bond or other form of surety in the minimum amount of $100,000 which guarantees that the bond or surety will reimburse the University for any pecuniary loss that may be sustained by any act of fraud, dishonesty, forgery, theft, embezzlement, malfeasance, or misappropriation on the part of Vendor, or any of its employees, officers, directors, agents, contractors or subcontractors directly or indirectly. This bond shall be issued by a responsible surety company authorized to do business within the State of Utah, and shall be subject to the reasonable approval by the University as to form and content.

Vendor shall maintain all employee related insurances, in the statutory amounts, such as worker's compensation, and employer's liability, for its employees or volunteers involved in performing services pursuant to this Contract. Vendor shall also maintain "special form" property insurance at replacement cost applicable to Vendor’s property or its equipment and that contains a waiver of subrogation endorsement in favor of the University.

Vendor's insurance carriers and policy provisions must be acceptable to the University’s Risk and Insurance Manager and remain in effect for the duration of the Contract. The University of Utah shall be named as an additional insured on the Commercial General Liability, and if applicable, Aircraft Liability, and Liquor

Liability insurance policy by endorsement. Vendor will cause any of its subcontractors, who provide materials or perform services relative to this contract, to also maintain the insurance coverages and provisions listed above.

If the coverage’s described above are not in place at the time a proposal is submitted, Vendor should describe in detail what types and levels of coverage are in place currently, and clearly indicate Vendor’s ability and willingness to obtain the above listed coverage’s if required by the University.

Vendor shall submit certificates of insurance as evidence of the above required insurance to the University prior to the commencement of this Contract (mail to:

University of Utah Health Purchasing Department, Attn: Samantha Israelsen, 127 S 500 E Suite 140, Salt Lake City, UT 84102. Such certificates shall indicate that the University will be given thirty (30) calendar days written notice prior to the cancellation of coverage.

7.30 Background Checks. Vendor is responsible to ensure that any employee hired by the vendor to do work at any UUHC location has passed through a FACIS Level 3 criminal background check and recent drug screening. Employees also need to be current on required immunizations for working in a health care environment (Two step TB skin test, MMR, Varicella, Hepatitis B, Tdap, and annual Influenza).

Employees will be required to sign a Security and Confidentiality, HIPAA, and privacy agreements prior to or on their first day of contract employment.

7.31 Drug- Alcohol- Tobacco-Free Campus. The University of Utah is a drug-, alcohol-, and tobacco-free campus, with no smoking and/or use of any tobacco product on all University property and in any outdoor area controlled by the University. This rule is applicable 24 hours a day, 7 days a week. The campus will officially operate as tobacco-free as of July 1, 2018. University property includes any property owned, leased, or controlled by the University and includes but is not limited to: all buildings, vehicles, residential and recreational areas, athletic fields, parking lots, parking structures, streets, sidewalks, hospitals and clinics. All representatives of the awarded Vendor, including delivery and installation personnel, shall adhere to these requirements, including being free of the effects of these substances while on campus.

Not adhering to these standards shall be considered a breach of any Contract or purchase order resulting from this solicitation. Please see the following link for more information regarding the University Rule.

https://regulations.utah.edu/administration/rules/R3-300A.php https://regulations.utah.edu/administration/rules/R3-300A.php